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Probate Court. The Illinois General Assembly granted probate jurisdiction to the clerk of the county commissioners' court in 1819. This jurisdiction was subject to review and reversal by the commissioners' court.
The Probate Division hears actions concerning the probate and contest of wills and testamentary instruments; claims against an estate arising in contract, tort or otherwise; actions and proceedings arising under the Illinois Probate Act of 1975, 755 ILCS chapter 5 et. seq.; the administration of estates of decedents, disabled persons, minors ...
Jan 29, 2024 · The Illinois probate process is a court-supervised legal procedure that is sometimes (but not always) required after someone dies. Its purpose is to make it clear who inherits the deceased person's property and to make sure valid debts and taxes are paid.
The Probate Division hears matters concerning wills and administration of estates. These cases are primarily divided into three categories: Decedent Estates. Adult Guardianship Estates. Minor Estates.
Probate of Decedent Estates. The Probate Division Decedent Estates section comprises five courtrooms that hear all matters involving the administration of both testate and intestate estates including the following: Petitions for Letters of Office; Will Contests and Petitions for Will Construction and related Testamentary Trust Contests;
Probate is just one way to settle an estate when someone dies. And it's not always required. Illinois law allows a different and simplified procedure for handling small estates.
Under Illinois law, Probate is the legal court process of administering the estate of a deceased person. This is done by resolving all claims related to the estate and by distributing the deceased person's property under a valid will or under the Intestacy laws of the State of Illinois.
The forms below are some of the most common forms used in the Probate Division, but there are many more. If you cannot find the form you are looking for on this website, please visit the Cook County Clerk of the Circuit Court’s website and the Illinois Supreme Court’s website.
In Illinois, a Probate Court is a particular court which has power over the administration of the estates of deceased persons, as well as living persons whom the law recognizes as being unable to handle their own affairs (minors and adults with a disability).
Following the filing of the Will, any person may file a written petition asking the Court to admit the Will to probate, to name an "executor" of the estate, to determine the heirs of the decedent, and to formally open the probate estate.
